An accident reconstructionist advises on a case involving a pharmacy shopper who slipped and fell on liquid laundry detergent. Plaintiff was shopping in a pharmacy and carrying a 50-ounce bottle of liquid laundry detergent that he planned to buy. Unbeknownst to him, the laundry detergent bottle was leaking from a crack in the cap. He had only moved down the aisle about nine feet when the detergent puddled near his feet and caused him to slip and fall, resulting in his injuries.
The plaintiff hired an accident reconstructionist to opine on the incident and re-visualize the scene using Jvt image processing technology, suing the pharmacy for negligence for placing the damaged container on the store shelf for a customer to pick up.
Question(s) For Expert Witness
1. How was the bottle damaged?
2. Were the pharmacy’s safety protocols up to industry standards?
Expert Witness Response
The expert is a mechanical engineer and has been an accident reconstructionist and safety analysis specialist for nearly 15 years.
After inspecting and testing exemplar containers of laundry detergent and reviewing depositions and photos, I conclude that:
• More likely than not, the container the plaintiff picked up had a defective cap. The photographs also show a missing piece on the subject cap approximately 1 inch by 1 inch oriented to the front of the bottle. This is indicative of the final damage suffered on the subject bottle when the plaintiff fell to the floor. Furthermore, I have not been able to duplicate the damage pattern from drop tests on exemplar bottles. This suggests a prior defect most likely from manufacturing or handling.
• More likely than not, the container he picked up was capped tightly. Defendant's allegation that the bottle was nearly uncapped is unfounded. Photographs of the subject bottle show that the cap was tight. Even if the cap was partially unscrewed as much as 90%, a bottle under expected consumer handling will not leak.
• The defective cap allowed detergent to leak on the floor near plaintiff’s feet, when he carried the bottle in a normal fashion. This is corroborated by witness testimony. The design of the handle made the approximate ergonomic holding angle of the container to tilt approximately 76 degrees. It was also noted that the measured threshold angle for spilling an uncapped full container was approximately 64 degrees.
• The detergent on the floor would make the floor near plaintiff dangerously slippery and would not be noticeable to him.
• Because the subject bottle is not available to inspect, we cannot determine if this is a manufacturing defect or defect from handling damage.
Review of the defendant’s supplied employee safety forms and instructions indicate their accident reporting and investigation is not timely and rigorous and is not the standard of the industry. Information is essentially relayed to a second party. Also, they are deficient in their mode of operation regarding maintenance and the lack of sweep sheet use. Finally, the store has deficient retention policies because it did not preserve the critical evidence.
About the author
Kristin Casler
Kristin Casler is a seasoned legal writer and journalist with an extensive background in litigation news coverage. For 17 years, she served as the editor for LexisNexis Mealey’s litigation news monitor, a role that positioned her at the forefront of reporting on pivotal legal developments. Her expertise includes covering cases related to the Supreme Court's expert admissibility ruling in Daubert v. Merrell Dow Pharmaceuticals Inc., a critical area in both civil and criminal litigation concerning the challenges of 'junk science' testimony.
Kristin's work primarily involves reporting on a diverse range of legal subjects, with particular emphasis on cases in asbestos litigation, insurance, personal injury, antitrust, mortgage lending, and testimony issues in conviction cases. Her contributions as a journalist have been instrumental in providing in-depth, informed analysis on the evolving landscape of these complex legal areas. Her ability to dissect and communicate intricate legal proceedings and rulings makes her a valuable resource in the legal journalism field.
